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Bombay High CourtWP/10663/2023disposed off

Mrs. Alka Ashok Gunjal v. The State Of Maharashtra And ORS

2023-09-04Hon'Ble Shri Justice Nitin Jamdar,Hon'Ble Justice Smt Manjusha Ajay Deshpande2 pages

Digitally signed by RUSHIKESH VISHNU PATIL Date:

2023.09.07 11:28:49 +0530 RUSHIKESH VISHNU PATIL R.V.Patil 1 9 WP.10663.2023.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 10663 OF 2023 Mrs. Alka Ashok Gunjal ...

Petitioner.

V/s.

The State of Maharashtra and Others ...

Respondents.

.......

Mr. Ajinkya Taskar i/b Mr. Narayan G. Rokade for the Petitioner. Mr. N. K. Rajpurohit, AGP for the Respondents-State. .......

CORAM : NITIN JAMDAR, AND MANJUSHA DESHPANDE, JJ.

DATE :

4 September 2023.

P.C. :

Heard the learned Counsel for the parties.

For the relief that is sought and the order that is proposed to be passed, we do not deem it necessary to issue notice to the concerned Co-operative Society.

The Petitioner has stated that she has availed a loan from the concerned Co-operative Society. According to the Petitioner, the

R.V.Patil 2 9 WP.10663.2023.doc loan was for agricultural purpose. The Petitioner seeks benefit of Section 44A of the Maharashtra Co-operative Societies Act, 1960 and she has made a representation in respect of the same. The main grievance is that her representation is not being decided. We proceed on the basis, as informed by the Petitioner, that representation is pending and not yet decided. Without going into the question whether the Petitioner is entitled to the benefit of Section 44A or not, which will have to be decided by the concerned Respondents and the Society, we dispose of the petition directing that the representation of the Petitioner be decided within a period of eight weeks subject to earlier time bound commitments and pressing public duties of the concerned Respondents. We once again make it clear that as to what decision is to be taken on the representation is left to the Society/Respondent concerned, who will take a decision as per law. The Writ Petition is disposed of.

(MANJUSHA DESHPANDE, J.) (NITIN JAMDAR, J.)